Written Answers Monday 5 January 2009

Scottish Executive

Alcohol

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what discussions it has had with the UK Government in relation to the introduction of a minimum alcohol pricing strategy.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether it has had discussions with the UK Government in relation to increasing alcohol duty for (a) specific or (b) all alcohol products.

Kenny MacAskill: The Scottish Government is in regular contact with the UK Government on a wide range of issues, including the need to reduce alcohol misuse and associated harm.

Alcohol

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive, apart from during its Changing Scotland’s Relationship with Alcohol consultation, what discussions it has had with (a) producers, (b) on-sales and (c) off-sales retailers in relation to the introduction of a minimum alcohol pricing strategy.

Kenny MacAskill: We regularly meet the alcohol industry to discuss rebalancing Scotland’s relationship with alcohol and have had constructive discussions with a wide range of producers and retailers. That process will continue through the Scottish Government Alcohol Industry Partnership and through other meetings and events. However, as made clear in our discussion document, any minimum price would be set independently of those connected either directly or indirectly with the manufacture, supply or distribution of alcohol products or any other connected activity.

Alcohol

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it has legislative competence to introduce a scheme for the minimum pricing of alcohol and what the reasons are for its position on this matter.

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers that a scheme for the minimum pricing of alcohol is compatible with EU competition law and what the reasons are for its position on this matter.

Kenny MacAskill: I refer the member to answer to questions S3W-15628 on 9 September 2008 and S3W-18002 on 26 November 2008. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

  http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Alcohol

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive for what reasons the example minimum unit price of alcohol of 35p is identified in its discussion paper on its alcohol strategy; what evidence it can provide on how this figure was reached, and what impact this price would have on alcohol harm.

Kenny MacAskill: The example minimum unit price of alcohol used in the Scottish Government’s discussion paper was an illustrative figure only. As stated in the discussion paper, this figure is lower than the off-sales average price and would impact most on those products priced low relative to their strength. Further work would be needed assess the potential impact of different minimum prices before firm proposals were brought forward.

  Various studies have been carried out on the pricing of alcohol and its misuse, some of which are referenced in the discussion paper. Given the link between consumption and harm and the evidence that affordability is one of the drivers of increased consumption, addressing price is an essential component of any long-term strategic approach to tackling alcohol misuse.

Animal Welfare

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive which agencies or voluntary organisations are designated as inspection agencies for the purpose of animal welfare legislation and whether consideration has been given to extending the number of designated inspection agencies.

Richard Lochhead: Section 49(2) of the Animal Health and Welfare (Scotland) Act 2006 defines an "inspector" in the context of any particular provision under part 2 of the act (the animal welfare part) as a person:

  (a) appointed as an inspector by the Scottish ministers, or authorised by them, for the purpose of the provision, or

  (b) appointed as an inspector by a local authority for the purpose of the provision.

  Veterinary advisors employed by the Scottish Government are automatically appointed as inspectors under this section. Scottish ministers have appointed the veterinary staff of the Animal Health agency (formally the State Veterinary Service) as inspectors and have authorised named inspectors of the Scottish Society for the Prevention of Cruelty to Animals (Scottish SPCA) to be inspectors under the act. Local authorities appoint their Animal Health and Welfare Officers as inspectors under the provision of this section.

  Officials employed by the Animal Health agency and the Scottish SPCA are appointed or authorised as inspectors on an individual basis, rather than the organisations being designated as an inspection agency. Local authorities have the power to appoint their own inspectors.

  We have no plans to extend the authorisation to individuals employed by other organisations.

Central Heating Programme

Marlyn Glen (North East Scotland) (Lab): To ask the Scottish Executive how many new applications have been received for a free central heating system in the DD postcode area in each month since, and including, July 2008 for which information is available and how many have been considered as eligible.

Stewart Maxwell: Information provided by the managing agent, for the DD postcode area, on the number of applications and the number accepted, subject to survey, in each month during the period requested is shown in the following table:

  

Month of Application
Number of Applications
Accepted Subject to Survey


July 2008
42
9


August 2008
41
18


September 2008
41
15


October 2008
82
62


November 2008
119
86


Total
352
190



  Note: 1. An initial assessment is made at the application stage, normally by telephone, and those applications are recorded as accepted, subject to survey.

Central Heating Programme

Marlyn Glen (North East Scotland) (Lab): To ask the Scottish Executive how many people have been on the waiting list for a free central heating system in the DD postcode area in each month since, and including, July 2008 for which information is available.

Stewart Maxwell: Information provided by the managing agent, for the DD postcode area, on the number of applicants on the waiting list in each month during the period requested is shown in the following table:

  

Month of Application
Number of Applicants on Waiting List


July 2008
305


August 2008
284


September 2008
216


October 2008
175


November 2008
183

Central Heating Programme

Claire Baker (Mid Scotland and Fife) (Lab): To ask the Scottish Executive how many new applications have been received for a free central heating system in the KY postcode area in each month since, and including, July 2008 for which information is available and how many have been considered eligible.

Stewart Maxwell: Information provided by the managing agent, for the KY postcode area, on the number of applications and the number accepted, subject to survey, in each month during the period requested is shown in the following table:

  

Month of Application
Number of Applications
Accepted Subject to Survey


July 2008
60
23


August 2008
51
22


September 2008
72
29


October 2008
95
10


November 2008
182
135


Total
460
219



  Note: 1. An initial assessment is made at the application stage (normally by telephone) and those applications are recorded as accepted, subject to survey.

Central Heating Programme

Claire Baker (Mid Scotland and Fife) (Lab): To ask the Scottish Executive how many people have been on the waiting list for a free central heating system in the KY postcode area in each month since, and including, July 2008 for which information is available.

Stewart Maxwell: Information provided by the managing agent, for the KY postcode area, on the number of applicants on the waiting list in each month during the period requested, is shown in the following table:

  

Month of Application
Number of Applicants on Waiting List


July 2008
306


August 2008
282


September 2008
193


October 2008
175


November 2008
226

Central Heating Programme

Stuart McMillan (West of Scotland) (SNP): To ask the Scottish Executive whether action is being taken to ensure that people receiving disability-related benefits are able to access the central heating programme.

Stewart Maxwell: Eligibility for the central heating programme inherited from the previous administration is laid down in the Home Energy Efficiency Scheme Regulations (HEES). The HEES regulations specify that it is pensioners who are eligible for the programme rather than people receiving disability-related benefits. From April 2009, the programme will be replaced with the Energy Assistance Package: a one-stop shop providing a holistic approach to tackling fuel poverty through benefits checks, energy tariff advice and physical energy efficiency measures. For the first time, low income families with a disabled child under 16 may be able to receive help beyond basic insulation measures. To implement this change, new regulations are being prepared which will be laid before Parliament in January.

Fisheries

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive how it plans to promote fishing co-operatives.

Richard Lochhead: We are committed to ensuring that Scotland has a vibrant, confident fishing industry, which supports the communities dependant on this industry.

  Support is available under the European Fisheries Fund to organisations, such as fishing co-operatives to carry out projects of common interest whose scope is broader than that of private enterprises and which help meet the objectives of the common fisheries policy.

  The Scottish Government opened the European Fisheries Fund for applications in September 2008.

Fisheries

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive how many fishing co-operatives operate in Scotland.

Richard Lochhead: We are aware of 16 fishing co-operatives operating in Scotland.

Fisheries

Liam McArthur (Orkney) (LD): To ask the Scottish Executive when it will make public its proposals arising from the Safeguarding Our Fishing Rights: The Future of Quota Management and Licensing in Scotland consultation, which was launched in May and closed in August 2008.

Richard Lochhead: I wrote to stakeholders on 16 December providing an update on our plans for quota management and licensing in Scotland. This set out in broad terms our plans to have a phased implementation of quota and licensing arrangements in Scotland during 2009. A report summarising the views received to the consultation was also released at this time.

  Due to the focus on the very important year end fisheries negotiations, I considered it sensible to delay final decisions until early in 2009. An interim outcome of consultation report setting out the Scottish Government initial response to the consultation will be issued in January. Following a short period of consultation, measures to be adopted under a Scottish quota and licensing system will then be set out in a final outcome report.

Housing

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive how many properties intended to be part of the shared equity programme are presently unoccupied.

Stewart Maxwell: We do not record this information as a matter of course as it will change on a daily basis. However, a review was carried out November/December 2008 and returns indicated 278 completed and unsold new supply shared equity units at that time.

Housing

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive where the empty properties are that are intended to be part of the shared equity programme.

Stewart Maxwell: We do not record this information as a matter of course as it will change on a daily basis. However, a review was carried out in November/December and returns indicated 278 completed and unsold new supply shared equity units at that time.

  These 278 reported properties were located as follows:

  

Perth and Kinross
31


Fife
8


Scottish Borders
3


Angus
5


Stirling
2


Dundee
14


Highland
29


Aberdeenshire
8


East Ayrshire
27


North Ayrshire
7


North Lanarkshire
24


South Lanarkshire
10


Dumfries and Galloway
9


West Dunbartonshire
1


Argyll and Clyde
1


Edinburgh
60


Glasgow
39

Housing

Mary Mulligan (Linlithgow) (Lab): To ask the Scottish Executive what plans it has to reduce the number of empty properties intended to be part of the shared equity programme.

Stewart Maxwell: We issued revised guidance on 12 December 2008 to ensure that marketing is based on realistic valuations but also to enable properties which cannot be sold within a reasonable timescale to be converted to mid-market rent or social rent, rather than remain empty.

  The Scottish Federation of Housing Associations has welcomed this guidance saying:

  We are delighted that the Scottish Government has listened to our members concerns and revised guidance. A number of housing associations who have developed shared equity houses have experienced difficulties caused by the economic downturn. Our members have alerted us to the issues and an extremely productive meeting has led to this revised guidance.

Justice

Robert Brown (Glasgow) (LD): To ask the Scottish Executive how many people have been killed by (a) knives, (b) guns or (c) other weapons in each year since 1990.

Kenny MacAskill: Homicide victims, by main method of killing and financial year recorded, 1990-91 to 2007-08

  

Year
Shooting
Sharp Instrument
Blunt Instrument
Hitting and Kicking
Strangulation Asphyxiation Drowning
Fire
Other Known or Unknown
Total Victims


1990-91
3
27
4
16
13
0
0
63


1991-92
9
51
14
12
8
5
5
104


1992-93
3
64
19
36
6
5
9
142


1993-94
12
41
15
19
6
3
7
103


1994-95
10
55
12
13
8
5
11
114


1995-96 
261
69
10
25
11
0
9
150


1996-97
8
49
14
18
4
6
11
110


1997-98
7
39
9
17
11
5
9
97


1998-99
7
39
14
15
6
4
8
93


1999-2000
4
67
9
16
14
0
13
123


2000-01
3
48
11
17
10
3
15
107


2001-02
5
56
9
18
9
3
13
113


2002-03
3
60
15
17
7
0
23
125


2003-04
2
55
5
22
5
3
16
108


2004-05
8
72
8
14
11
1
23
137


2005-06
8
34
4
24
4
3
17
94


2006-07
8
54
15
16
3
3
20
119


2007-08
4
55
8
15
8
1
23
114



  Note: 1. Includes 17 victims of the Dunblane incident.

Justice

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive how it will ensure that Scotland is fully compliant with the European Union framework directive on the standing of victims in criminal proceedings.

Kenny MacAskill: Scotland was largely compliant with the European Framework Decision on the Standing of Victims in Criminal Proceedings when it was promulgated. A detailed response to the framework decision, Victims in the Scottish Criminal Justice System: The EU Framework Decision On The Standing Of Victims In Criminal Procedure, The Scottish Perspective , was published in 2002. Further work was undertaken to ensure compliance with articles that did not need to be implemented until 2004.

  The European Commission has recently instigated research into compliance with the terms of the framework decision across the European Union and is currently expected to review the current framework decision in the light of the research findings.

Justice

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive what discussions it has had with Her Majesty’s Government and the devolved administrations in Wales and Northern Ireland regarding best practice throughout the United Kingdom for support services for victims of crime.

Kenny MacAskill: Officials of the Scottish Government have regular contact with officials of the Home Office, Ministry of Justice and other Whitehall departments, as well as officials of the devolved administrations, on matters of mutual interest in relation to support for victims of crime.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many Parole Board for Scotland members there were in each of the last two years, broken down by month.

Kenny MacAskill: Information of the membership of the Parole Board for Scotland is contained in its annual reports. The following table provides information on membership between 1 January 2007 and 31 December 2008:

  

Date
Reason
Number of PB Members


1 January 2007
 
23


24 January 2007
Resignation
22


3 September 2007
9 New Appointments
31


22 November 2007
Resignation
30


31 December 2007
2 Members end term
28


2 June 2008
4 New Appointments
32


24 October 2008
Resignation
31

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many requests for parole were refused in each of the last five years, broken down by length of sentence.

Kenny MacAskill: This information is not held centrally in the detail requested. The Parole Board for Scotland’s Annual Report provides information on the number of cases referred by Scottish ministers for consideration for parole and the eventual outcome. Annual reports for 2003 to 2007-08 are available at http://www.scottishparoleboard.gov.uk/reports.asp .

Licensing

Stuart McMillan (West of Scotland) (SNP): To ask the Scottish Executive what input and dialogue it has with local authorities in connection with the issuing of liquor licences.

Kenny MacAskill: We are in regular touch with licensing boards as they work through the transition period to the Licensing (Scotland) Act 2005 coming fully into force on 1 September 2009. As set out in the act, consideration of applications and the issuing of licences is a matter for each licensing board.

Licensing

Stuart McMillan (West of Scotland) (SNP): To ask the Scottish Executive whether there are proposals to change the liquor licence application process.

Kenny MacAskill: I have no plans to change the application processes at this stage, other than those proposals set out in Revitalising Justice – Proposals to Modernise and Improve the Criminal Justice System which to be contained in the Criminal Justice and Licensing (Scotland) Bill. However, I am happy to consider any representations about how the application forms and processes might be improved following completion of the transition period. Any changes to forms after transition will need to maintain the balance between being relatively simple to complete and providing the licensing board with enough information to allow them to take a decision.

Licensing

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive in which local authority areas local licensing forums have been set up and how many times each forum has met.

Kenny MacAskill: Section 10 of the Licensing (Scotland) Act 2005 requires local authorities to establish one or more local licensing forums for their area. Information about the number of times each forum has met is not held centrally.

Licensing

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what its assessment is of local licensing forums.

Kenny MacAskill: Local licensing forums are established by local authorities under section 10 of the Licensing (Scotland) Act 2005. The act does not empower ministers to assess the forums, and no such assessment has been made.

Licensing

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive in which local authorities licensing standards officers have been appointed.

Kenny MacAskill: This information is not held centrally. In line with the previous administration’s timetable for implementing the Licensing (Scotland) Act 2005, licensing standards officers are to be appointed by 1 September 2009.

Licensing

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what role it plays in the training of local licensing officers.

Kenny MacAskill: The requirement for licensing standards officers to be trained is set out in the Licensing (Scotland) Act 2005 and the detail of that training is set out in regulations made by the previous administration. Training providers are delivering training in line with these regulations. The Scottish Government therefore has no current role in respect of training for licensing standards officers.

Licensing

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what action it is taking to ensure that local licensing officers are adequately trained and equipped to carry out their duties.

Kenny MacAskill: The appointment, training and support for Licensing Standards Officers is a matter for local authorities as set out in the Licensing (Scotland) Act 2005. Regulations made by the previous administration set out the training requirements for Licensing Standards Officers.

Licensing

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many licensing boards there are and what area each board covers.

Kenny MacAskill: There are currently 43 licensing boards. These cover the same areas as their respective local authority except for:

  Aberdeenshire, where the area is served by three licensing boards covering North; Central, and South Aberdeenshire.

  Dumfries and Galloway, where the area is served by four licensing boards covering Annandale and Eskdale; Nithsdale; Stewartry, and Wigtown.

  Highland, where the area is served by four licensing boards covering Ross, Skye and Lochaber; Inverness, Nairn, Badenoch and Strathspey, and Caithness, Sutherland and Easter Ross.

  Scottish Borders, where the area is served by two licensing boards covering West and East. Scottish Borders is currently in the process of disestablishing these boards and constituting a single Scottish Borders Licensing Board.

  South Lanarkshire, where the area is served by three licensing boards covering Clydesdale; East Kilbride; Hamilton, and Cambuslang and Rutherglen.

Licensing

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether it plans to reform the National Licensing Forum to help facilitate the sharing of good practice between licensing boards.

Kenny MacAskill: The National Licensing Forum was abolished by the previous administration. At a meeting with the Convention of Scottish Local Authorities and Alcohol Focus Scotland on 12 June, I made clear that the Scottish Government would welcome the sharing of good practice between licensing boards and would further welcome any effort by COSLA to establish an appropriate mechanism for doing that.

Licensing

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what its assessment is of the impact of the Licensing (Scotland) Act 2005.

Kenny MacAskill: In line with the implementation timetable set by the previous administration, the Licensing (Scotland) Act 2005 does not come fully into force until 1 September 2009. It is therefore too early to assess its impact in a comprehensive way, but it is clear that there are some matters where further action and adjustment may be required through licensing legislation to help rebalance Scotland’s relationship with alcohol.

Licensing

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive on how many occasions powers contained in section 15 of the Licensing (Scotland) Act 2005 have been used by local licensing officers, broken down by (a) year and (b) local authority area.

Kenny MacAskill: In line with the implementation timetable set by the previous administration, section 15 of the Licensing (Scotland) Act 2005 does not come into force until 1 September 2009.

Marine Environment

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether it intends to review the Conservation of Seals Act 1970 to ascertain whether repeal or amendment is desirable.

Richard Lochhead: The Scottish Government’s consultation Sustainable Seas for All – A consultation on Scotland’s first marine bill closed on 6 October 2008. It contains proposals for possible changes to seal legislation which will seek to improve the balance between seal conservation and sustainable fisheries and fish farms. The responses to this consultation are currently being analysed.

  It is anticipated that the Scottish Marine Bill will be introduced in Parliament in spring 2009.

Marine Environment

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether it will introduce legislative measures to record the numbers of grey and common seals shot annually.

Richard Lochhead: The Scottish Government’s consultation Sustainable Seas for All – A consultation on Scotland’s first marine bill closed on 6 October 2008. It contains proposals for several possible changes to seal legislation, including a proposal for requiring reporting information on all shooting of seals.

  The responses to this consultation are currently being analysed.